81 FR 52767 - Army Privacy Program

DEPARTMENT OF DEFENSE
Department of the Army

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range		52767-52769
FR Document		2016-18822

The Department of the Army is amending the Army Privacy Program Regulation. Specifically, Army is adding exemption rules for Army system of records ``A0600-20 SAMR, Soldiers Equal Opportunity Investigative Files''. This rule provides policies and procedures for the Army's implementation of the Privacy Act of 1974, as amended. This direct final rule makes changes to the Department of the Army's Privacy Program rule. These changes will allow the Department to exempt records from certain portions of the Privacy Act. This will improve the efficiency and effectiveness of the Department of Defense's (DoD's) program by preserving the exempt status of the records when the purposes underlying the exemption are valid and necessary to protect the contents of the records.

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016)

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Rules and Regulations]
[Pages 52767-52769]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18822]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 505

[USA-2016-HQ-0030]


Army Privacy Program

AGENCY: Department of the Army, DoD.

ACTION: Direct final rule.

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SUMMARY: The Department of the Army is amending the Army Privacy 
Program Regulation. Specifically, Army is adding exemption rules for 
Army system of records ``A0600-20 SAMR, Soldiers Equal Opportunity 
Investigative Files''. This rule provides policies and procedures for 
the Army's implementation of the Privacy Act of 1974, as amended. This 
direct final rule makes changes to the Department of the Army's Privacy 
Program rule. These changes will allow the Department to exempt records 
from certain portions of the Privacy Act. This will improve the 
efficiency and effectiveness of the Department of Defense's (DoD's) 
program by preserving the exempt status of the records when the 
purposes underlying the exemption are valid and necessary to protect 
the contents of the records.

DATES: The rule will be effective October 19, 2016 unless comments are 
received that would result in a contrary determination. Comments will 
be accepted on or before October 11, 2016.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate for Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Tracy C. Rogers, Chief, FOIA/PA, 
telephone: 703-428-7499.

[[Page 52768]]


SUPPLEMENTARY INFORMATION: 

Direct Final Rule and Significant Adverse Comments

    DoD has determined this rulemaking meets the criteria for a direct 
final rule because it involves non-substantive changes dealing with 
DoD's management of its Privacy Programs. DoD expects no opposition to 
the changes and no significant adverse comments. However, if DoD 
receives a significant adverse comment, the Department will withdraw 
this direct final rule by publishing a notice in the Federal Register. 
A significant adverse comment is one that explains: (1) Why the direct 
final rule is inappropriate, including challenges to the rule's 
underlying premise or approach; or (2) why the direct final rule will 
be ineffective or unacceptable without a change. In determining whether 
a comment necessitates withdrawal of this direct final rule, DoD will 
consider whether it warrants a substantive response in a notice and 
comment process.
    This regulatory action imposes no monetary costs to the Agency or 
public. The benefit to the public is the accurate reflection of the 
Agency's Privacy Program to ensure that policies and procedures are 
known to the public.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. It has been determined this Privacy Act rule is not a 
significant rule. This rule does not (1) have an annual effect on the 
economy of $100 million or more or adversely affect in a material way 
the economy; a sector of the economy; productivity; competition; jobs; 
the environment; public health or safety; or State, local, or tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another Agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs, or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
these Executive Orders.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)

    It has been determined that this Privacy Act rule for the DoD does 
not have significant economic impact on a substantial number of small 
entities because it is concerned only with the administration of 
Privacy Act within the DoD.

Public Law 95-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been determined that this Privacy Act rule for the DoD 
imposes no information collection requirements on the public under the 
Paperwork Reduction Act of 1995.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been determined that this Privacy Act rulemaking for the DoD 
does not involve a Federal mandate that may result in the expenditure 
by State, local and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more and that such rulemaking will 
not significantly or uniquely affect small governments.

Executive Order 13132, ``Federalism''

    It has been determined that the Privacy Act rule for the Department 
of Defense does not have federalism implications. The rule does not 
have substantial direct effects on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.

List of Subjects in 32 CFR Part 505

    Privacy.

    Accordingly 32 CFR part 505 is amended as follows:

PART 505--ARMY PRIVACY ACT PROGRAM

0
1. The authority citation for 32 CFR part 505 continues to read as 
follows:

     Authority:  Public Law 93-579, 88 Stat. 1896 (5 U.S.C. 552a).

0
2. Amend appendix D to part 505 by adding paragraph (g)(35) to read as 
follows:

Appendix D to Part 505--Exemptions, Exceptions, and DoD Blanket Routine 
Uses

* * * * *
    (g) * * *
    (35) System identifier: A0600-20 SAMR.
    (i) System name: Soldiers Equal Opportunity Investigative Files.
    (ii) Exemptions: Investigatory material compiled for law 
enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a(j)(2), is exempt pursuant to 5 U.S.C. 
552a(k)(2). However, if an individual is denied any right, 
privilege, or benefit for which he would otherwise be entitled by 
Federal law or for which he would otherwise be eligible, as a result 
of the maintenance of such information, such material shall be 
provided to the individual, except to the extent that disclosure 
would reveal the identity of a confidential source. Therefore, 
portions of this system of records may be exempt pursuant to 5 
U.S.C. 552a(k)(2) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), 
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or other investigation conducted for law enforcement 
purposes to obtain valuable information concerning the nature of 
that investigation which will present a serious impediment to law 
enforcement.
    (B) From subsection (d) because access to such records contained 
in this system would inform the subject of a criminal investigation 
or other investigation conducted for law enforcement purposes, of 
the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations or other law enforcement investigations, information 
is often obtained concerning the violations of laws or civil 
obligations of others not relating to an active case or matter. In 
the interests of effective law enforcement, it is necessary that 
this valuable information is retained because it can aid in 
establishing patterns of activity and provide valuable leads for 
other agencies and future cases that may be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because the 
requirements in those subsections are inapplicable to the extent 
that portions of this system of records may be exempted from 
subsection (d), concerning individual access.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld to protect the confidentiality of the 
sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (G) For records that are copies of exempt records from external 
systems of records, such records are only exempt from pertinent 
provisions of 5 U.S.C. 552a to the extent such provisions have been 
identified and an exemption claimed for the original record

[[Page 52769]]

and the purposes underlying the exemption for the original record 
still pertain to the record that is now contained in this system of 
records. In general, the exemptions were claimed to properly protect 
classified information relating to national defense and foreign 
policy; to avoid interference during the conduct of criminal, civil, 
or administrative actions or investigations; to ensure protective 
services provided to the President and others are not compromised; 
to protect records used solely as statistical records; to protect 
the identity of confidential sources incident to Federal employment, 
military service, contract, and security clearance determinations; 
to preserve the confidentiality and integrity of Federal testing 
materials; and to safeguard evaluation materials used for military 
promotions when provided by a confidential source. The exemption 
rule for the original records will identify the specific reasons the 
records are exempt from specific provisions of 5 U.S.C. 552a.
* * * * *

    Dated: August 4, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-18822 Filed 8-9-16; 8:45 am]
 BILLING CODE 5001-06-P

Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Rules and Regulations 52767

inspection at http:// impact on small business. No comments DEPARTMENT OF DEFENSE
www.regulations.gov or upon request. were received on the proposed
The IRS received no requests for a regulations. Department of the Army
public hearing, and none was held. The
final regulations adopt the proposed Drafting Information 32 CFR Part 505
regulations without change. The The principal author of these final [USA–2016–HQ–0030]
temporary regulations are hereby made
regulations is Hollie M. Marx, Office of
obsolete and removed. Army Privacy Program
the Associate Chief Counsel (Procedure
Effect on Other Documents and Administration). However, other AGENCY: Department of the Army, DoD.
Temporary regulations § 300.13T are personnel from the Treasury ACTION: Direct final rule.
obsolete as of September 9, 2016. Department and the IRS participated in
their development. SUMMARY: The Department of the Army
Special Analyses is amending the Army Privacy Program
Certain IRS regulations, including this List of Subjects in 26 CFR Part 300 Regulation. Specifically, Army is adding
one, are exempt from the requirements Reporting and recordkeeping exemption rules for Army system of
of Executive Order 12866, as records ‘‘A0600–20 SAMR, Soldiers
requirements, User fees.
supplemented and reaffirmed by Equal Opportunity Investigative Files’’.
Executive Order 13563. Therefore, a Adoption of Amendments to the This rule provides policies and
regulatory impact assessment is not Regulations procedures for the Army’s
required. implementation of the Privacy Act of
The Administrative Procedure Act Accordingly, 26 CFR part 300 is 1974, as amended. This direct final rule
provides that substantive rules generally amended as follows: makes changes to the Department of the
will not be effective until thirty days Army’s Privacy Program rule. These
after the final regulations are published PART 300—USER FEES changes will allow the Department to
in the Federal Register (5 U.S.C. exempt records from certain portions of
553(d)). The Treasury Department and ■ Paragraph 1. The authority citation the Privacy Act. This will improve the
the IRS have determined that section 5 for part 300 continues to read as efficiency and effectiveness of the
U.S.C. 553(d) of the Administrative follows: Department of Defense’s (DoD’s)
Procedure Act applies to these final Authority: 31 U.S.C. 9701. program by preserving the exempt status
regulations. of the records when the purposes
The notice of proposed rulemaking ■ Par. 2. Section 300.13 is amended by underlying the exemption are valid and
(REG–121496–15) included an initial adding paragraph (b) and revising necessary to protect the contents of the
regulatory flexibility analysis. The paragraph (d) to read as follows: records.
Treasury Department and the IRS
§ 300.13 Fee for obtaining a preparer tax DATES: The rule will be effective
concluded in the initial regulatory
identification number. October 19, 2016 unless comments are
flexibility analysis that the proposed
received that would result in a contrary
regulations, if promulgated, may have a * * * * * determination. Comments will be
significant economic impact on a (b) Fee. The fee to apply for or renew accepted on or before October 11, 2016.
substantial number of small entities. a preparer tax identification number is
None of the public comments submitted ADDRESSES: You may submit comments,
$33 per year, which is the cost to the identified by docket number and/or RIN
under the regulation number for the
government for processing the number and title, by any of the
proposed regulation addressed the
application for a preparer tax following methods:
initial regulatory flexibility analysis.
After further consideration, the Treasury
identification number and does not • Federal Rulemaking Portal: http://
Department and the IRS conclude that include any fees charged by the vendor. www.regulations.gov. Follow the
no final regulatory flexibility analysis is * * * * * instructions for submitting comments.
required. The Treasury Department and • Mail: Department of Defense, Office
(d) Applicability date. This section of the Deputy Chief Management
the IRS certify that the final regulations will be applicable for applications for
will not have a significant economic Officer, Directorate for Oversight and
and renewal of a preparer tax Compliance, 4800 Mark Center Drive,
impact on a substantial number of small identification number filed on or after
entities. Although the final regulations Mailbox #24, Alexandria, VA 22350–
September 9, 2016. 1700.
will likely affect a substantial number of
small entities, the economic impact on Instructions: All submissions received
§ 300.13T [Removed]
those entities is not significant. The must include the agency name and
final regulations establish a $33 fee to ■ Par. 3. Section 300.13T is removed. docket number or Regulatory
apply for or renew a PTIN per original Information Number (RIN) for this
John Dalrymple, Federal Register document. The general
or renewal application, which is a
reduction from the previously
Deputy Commissioner for Services and policy for comments and other
Enforcement. submissions from members of the public
established fee of $50 per original or
renewal application, and the $33 fee Approved: July 14, 2016. is to make these submissions available
will not have a significant economic for public viewing on the Internet at
Mark J. Mazur,
impact on a small entity. http://www.regulations.gov as they are
Assistant Secretary of the Treasury (Tax
Lhorne on DSK30JT082PROD with RULES

Pursuant to section 7805(f) of the received without change, including any
Policy).
Code, the notice of proposed rulemaking personal identifiers or contact
[FR Doc. 2016–18925 Filed 8–9–16; 8:45 am] information.
that preceded these final regulations
BILLING CODE 4830–01–P
was submitted to the Chief Counsel for FOR FURTHER INFORMATION CONTACT: Ms.
Advocacy of the Small Business Tracy C. Rogers, Chief, FOIA/PA,
Administration for comment on its telephone: 703–428–7499.

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52768 Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Rules and Regulations

SUPPLEMENTARY INFORMATION: programs, or the rights and obligations (g) * * *
of recipients thereof; or (4) raise novel (35) System identifier: A0600–20 SAMR.
Direct Final Rule and Significant (i) System name: Soldiers Equal
legal or policy issues arising out of legal
Adverse Comments Opportunity Investigative Files.
mandates, the President’s priorities, or
(ii) Exemptions: Investigatory material
DoD has determined this rulemaking the principles set forth in these compiled for law enforcement purposes,
meets the criteria for a direct final rule Executive Orders. other than material within the scope of
because it involves non-substantive subsection 5 U.S.C. 552a(j)(2), is exempt
changes dealing with DoD’s Public Law 96–354, ‘‘Regulatory
pursuant to 5 U.S.C. 552a(k)(2). However, if
management of its Privacy Programs. Flexibility Act’’ (5 U.S.C. Chapter 6) an individual is denied any right, privilege,
DoD expects no opposition to the It has been determined that this or benefit for which he would otherwise be
changes and no significant adverse Privacy Act rule for the DoD does not entitled by Federal law or for which he
comments. However, if DoD receives a have significant economic impact on a would otherwise be eligible, as a result of the
significant adverse comment, the substantial number of small entities maintenance of such information, such
material shall be provided to the individual,
Department will withdraw this direct because it is concerned only with the except to the extent that disclosure would
final rule by publishing a notice in the administration of Privacy Act within the reveal the identity of a confidential source.
Federal Register. A significant adverse DoD. Therefore, portions of this system of records
comment is one that explains: (1) Why may be exempt pursuant to 5 U.S.C.
Public Law 95–511, ‘‘Paperwork
the direct final rule is inappropriate, 552a(k)(2) from subsections 5 U.S.C.
Reduction Act’’ (44 U.S.C. Chapter 35) 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
including challenges to the rule’s
underlying premise or approach; or (2) It has been determined that this (e)(4)(I), and (f).
why the direct final rule will be Privacy Act rule for the DoD imposes no (iii) Authority: 5 U.S.C. 552a(k)(2).
information collection requirements on (iv) Reasons: (A) From subsection (c)(3)
ineffective or unacceptable without a because the release of the disclosure
change. In determining whether a the public under the Paperwork
accounting would permit the subject of a
comment necessitates withdrawal of Reduction Act of 1995. criminal investigation or other investigation
this direct final rule, DoD will consider Section 202, Public Law 104–4, conducted for law enforcement purposes to
whether it warrants a substantive ‘‘Unfunded Mandates Reform Act’’ obtain valuable information concerning the
response in a notice and comment nature of that investigation which will
process. It has been determined that this present a serious impediment to law
This regulatory action imposes no Privacy Act rulemaking for the DoD enforcement.
monetary costs to the Agency or public. does not involve a Federal mandate that (B) From subsection (d) because access to
may result in the expenditure by State, such records contained in this system would
The benefit to the public is the accurate
local and tribal governments, in the inform the subject of a criminal investigation
reflection of the Agency’s Privacy or other investigation conducted for law
Program to ensure that policies and aggregate, or by the private sector, of
enforcement purposes, of the existence of
procedures are known to the public. $100 million or more and that such that investigation, provide the subject of the
rulemaking will not significantly or investigation with information that might
Regulatory Procedures uniquely affect small governments. enable him to avoid detection or
Executive Order 12866, ‘‘Regulatory Executive Order 13132, ‘‘Federalism’’ apprehension, and would present a serious
Planning and Review’’ and Executive impediment to law enforcement.
Order 13563, ‘‘Improving Regulation It has been determined that the (C) From subsection (e)(1) because in the
and Regulatory Review’’ Privacy Act rule for the Department of course of criminal investigations or other law
Defense does not have federalism enforcement investigations, information is
Executive Orders 13563 and 12866 implications. The rule does not have often obtained concerning the violations of
direct agencies to assess all costs and substantial direct effects on the States, laws or civil obligations of others not relating
benefits of available regulatory to an active case or matter. In the interests
on the relationship between the
alternatives and, if regulation is of effective law enforcement, it is necessary
National Government and the States, or that this valuable information is retained
necessary, to select regulatory on the distribution of power and because it can aid in establishing patterns of
approaches that maximize net benefits responsibilities among the various activity and provide valuable leads for other
(including potential economic, levels of government. agencies and future cases that may be
environmental, public health and safety brought.
effects, distribute impacts, and equity). List of Subjects in 32 CFR Part 505 (D) From subsections (e)(4)(G) and (e)(4)(H)
Executive Order 13563 emphasizes the Privacy. because the requirements in those
importance of quantifying both costs Accordingly 32 CFR part 505 is subsections are inapplicable to the extent
and benefits, of reducing costs, of that portions of this system of records may
amended as follows:
harmonizing rules, and of promoting be exempted from subsection (d), concerning
individual access.
flexibility. It has been determined this PART 505—ARMY PRIVACY ACT
(E) From subsection (e)(4)(I) because the
Privacy Act rule is not a significant rule. PROGRAM identity of specific sources must be withheld
This rule does not (1) have an annual to protect the confidentiality of the sources
effect on the economy of $100 million ■ 1. The authority citation for 32 CFR of criminal and other law enforcement
or more or adversely affect in a material part 505 continues to read as follows: information. This exemption is further
way the economy; a sector of the Authority: Public Law 93–579, 88 Stat. necessary to protect the privacy and physical
economy; productivity; competition; 1896 (5 U.S.C. 552a). safety of witnesses and informants.
jobs; the environment; public health or ■ 2. Amend appendix D to part 505 by (F) From subsection (f) because portions of
safety; or State, local, or tribal this system of records have been exempted
adding paragraph (g)(35) to read as
Lhorne on DSK30JT082PROD with RULES

from the access provisions of subsection (d).
governments or communities; (2) create follows: (G) For records that are copies of exempt
a serious inconsistency or otherwise records from external systems of records,
interfere with an action taken or Appendix D to Part 505—Exemptions,
Exceptions, and DoD Blanket Routine such records are only exempt from pertinent
planned by another Agency; (3) provisions of 5 U.S.C. 552a to the extent such
materially alter the budgetary impact of Uses
provisions have been identified and an
entitlements, grants, user fees, or loan * * * * * exemption claimed for the original record

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Document Created: 2016-08-10 02:00:01
Document Modified: 2016-08-10 02:00:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		The rule will be effective October 19, 2016 unless comments are received that would result in a contrary determination. Comments will be accepted on or before October 11, 2016.
Contact		Ms. Tracy C. Rogers, Chief, FOIA/PA, telephone: 703-428-7499.
FR Citation		81 FR 52767

81 FR 52767 - Army Privacy Program

DEPARTMENT OF DEFENSEDepartment of the Army

Federal Register Volume 81, Issue 154 (August 10, 2016)

DEPARTMENT OF DEFENSE
Department of the Army